Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010

i Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 S.R. No. 15/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 New regulation 114 inserted 2 114 Bushfire construction requirements 2 5 Consequential amendments 3 6 Substitution of regulation 804 4 804 Site assessment for determining bushfire attack level 4 7 New Schedule 1A inserted 5 SCHEDULE 1A—Modification of Part G5 of Volume One of the BCA 5 G5.0 Deemed-to-Satisfy Provisions 6 G5.1 Application of Part 6 G5.2 Protection 6 8 Substitution of regulation 114 7 114 Modifications to BCA and standard relating to bushfire prone areas 7 9 Revocation of Schedule 1A 7 10 Revocation of consequential amendments 8 11 Reinsertion of regulation 804 8 804 Designated bushfire prone areas 8 12 Revocation of regulation 114 9 13 Expiry 9 ═══════════════ ENDNOTES 10 -- 1 of 12 -- 1 STATUTORY RULES 2010 S.R. No. 15/2010 Building Act 1993 Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 The Governor in Council makes the following Regulations: Dated: 2 March 2010 Responsible Minister: JUSTIN MADDEN Minister for Planning TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Building Regulations 2006 in relation to the construction requirements needed in the short- term for certain classes of buildings that may be subject to the effect of bushfire. 2 Authorising provisions These Regulations are made under sections 7, 9, 261, 262 of, and Part 1 of Schedule 1 to, the Building Act 1993. 3 Commencement (1) These Regulations (except regulations 8, 9, 10, 11 and 12) come into operation on 9 March 2010. (2) Regulations 8 and 9 come into operation on 1 May 2010. -- 2 of 12 -- S.R. No. 15/2010 Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 2 (3) Regulations 10, 11 and 12 come into operation on 8 September 2011. 4 New regulation 114 inserted After regulation 113A of the Building Regulations 2006 1 insert— '114 Bushfire construction requirements (1) Volume One of the BCA applies as if— (a) a reference to AS 3959—1999 Construction of buildings in bushfire- prone areas Amdt 1, Amdt 2 in Table 1 in Specification A1.3 were a reference to AS 3959—2009 Construction of buildings in bushfire-prone areas Amdt 1; and (b) for Part G5 there were substituted the provisions set out in Schedule 1A. (2) Volume Two of the BCA applies as if— (a) a reference to AS 3959—1999 Construction of buildings in bushfire- prone areas Amdt 1, Amdt 2 in Table 1.4.1 in clause 1.4.1 were a reference to AS 3959—2009 Construction of buildings in bushfire- prone areas Amdt 1; and (b) for clause F2.3.4 there were substituted— "F2.3.4 Bushfire areas A Class 1 building and any associated Class 10a building is to provide resistance to bushfires in order to reduce the danger to life and reduce the risk of the loss of the building."; and r. 4 -- 3 of 12 -- S.R. No. 15/2010 Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 3 (c) for performance requirement P2.3.4 there were substituted— "P2.3.4 Bushfire areas A Class 1 building and any associated Class 10a building must be designed and constructed to reduce the risk of ignition from a bushfire while the fire front passes."; and (d) for clause 3.7.4.0 there were substituted— "3.7.4.0 Performance Requirement P2.3.4 is satisfied for a Class 1 building and any associated Class 10a building if it is constructed in accordance with AS 3959 and for that purpose that Standard applies as if a reference in that Standard to a bushfire-prone area or a designated bushfire-prone area were a reference to the whole of Victoria."; and (e) clauses 3.7.4.1, 3.7.4.2 and 3.7.4.3 were omitted.'. 5 Consequential amendments (1) Regulation 305(g)(iii) of the Building Regulations 2006 is revoked. (2) Regulation 326(2)(c) of the Building Regulations 2006 is revoked. (3) Regulation 807(6)(c) of the Building Regulations 2006 is revoked. r. 5 -- 4 of 12 -- S.R. No. 15/2010 Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 4 6 Substitution of regulation 804 For regulation 804 of the Building Regulations 2006 substitute— "804 Site assessment for determining bushfire attack level (1) If a building is to be constructed and⎯ (a) a planning permit is required for the construction of the building; and (b) a site assessment for the purpose of determining the bushfire attack level for the site has been considered as part of the application for the planning permit⎯ the relevant building surveyor must accept that site assessment for the purpose of determining the construction requirements that are applicable to the building. (2) In this regulation bushfire attack level has the same meaning as in AS 3959 Construction of buildings in bushfire-prone areas, as published from time to time.". r. 6 -- 5 of 12 -- S.R. No. 15/2010 Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 5 7 New Schedule 1A inserted After Schedule 1 to the Building Regulations 2006 insert— "SCHEDULE 1A Regulation 114 MODIFICATION OF PART G5 OF VOLUME ONE OF THE BCA PART G5 CONSTRUCTION IN BUSHFIRE PRONE AREAS OBJECTIVE GO5 The Objective of this Part is to— (a) safeguard occupants from injury; and (b) protect buildings, from the effects of a bushfire. Application GO5 only applies to a Class 2 or 3 building and any associated Class 10a building and applies in addition to other provisions of the BCA. FUNCTIONAL STATEMENT GF5.1 A building is to provide a resistance to bushfires in order to reduce the danger to life and minimise the risk of the loss of the building. Application GF5.1 only applies to a Class 2 or 3 building and any associated Class 10a building and applies in addition to other provisions of the BCA. r. 7 -- 6 of 12 -- S.R. No. 15/2010 Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 6 PERFORMANCE REQUIREMENT GP5.1 A building must be designed and constructed to reduce the risk of ignition from a bushfire while the fire front passes. Application GP5.1 only applies to a Class 2 or 3 building and any associated Class 10a building and applies in addition to other provisions of the BCA. PART G5 CONSTRUCTION IN BUSHFIRE PRONE AREAS Deemed-to-Satisfy Provisions G5.0 Deemed-to-Satisfy Provisions (a) Where a Building Solution is proposed to comply with the Deemed-to-Satisfy Provisions, Performance Requirement GP5.1 is satisfied by complying with G5.1 and G5.2. (b) Where a Building Solution is proposed as an Alternative Solution to the Deemed-to-Satisfy Provisions of G5.1 and G5.2, the relevant Performance Requirements must be determined in accordance with A0.10. G5.1 Application of Part The Deemed-to-Satisfy Provisions of this Part apply to a Class 2 or 3 building and any associated Class 10a building. G5.2 Protection A Class 2 or 3 building and any associated Class 10a building must comply with AS 3959 and for that purpose that Standard applies as if a reference in that Standard to a bushfire-prone area or a designated bushfire-prone area were a reference to the whole of Victoria. __________________". r. 7 -- 7 of 12 -- S.R. No. 15/2010 Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 7 8 Substitution of regulation 114 For regulation 114 of the Building Regulations 2006 substitute— '114 Modifications to BCA and standard relating to bushfire prone areas (1) Volume One of the BCA applies as if in clause A1.1 the following were substituted for the definition of "Designated bushfire prone area"— "Designated bushfire prone area means the whole of Victoria.". (2) Volume Two of the BCA applies as if in clause 1.1.1 the following were substituted for the definition of "Designated bushfire prone area"— "Designated bushfire prone area means the whole of Victoria.". (3) Volumes One and Two of the BCA are modified to the extent that AS 3959, as incorporated by Volumes One and Two of the BCA, is to be read as if a reference to a bushfire-prone area or a designated bushfire prone area were a reference to the whole of Victoria. Note The standard AS 3959 is listed in Table 1 of Specification A1.3 in Volume One of the BCA and in Table 1.4.1 in clause 1.4.1 in Volume Two of the BCA.'. 9 Revocation of Schedule 1A Schedule 1A to the Building Regulations 2006 is revoked. r. 8 -- 8 of 12 -- S.R. No. 15/2010 Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 8 10 Revocation of consequential amendments (1) After regulation 305(g)(ii) of the Building Regulations 2006 insert— "(iii) that is a designated bushfire prone area determined under regulation 804; or". (2) After regulation 326(2)(b) of the Building Regulations 2006 insert— "(c) that is determined under regulation 804 to be a designated bushfire prone area; or". (3) After regulation 807(6)(b) of the Building Regulations 2006 insert— "(c) an area determined as a designated bushfire prone area under regulation 804; or". 11 Reinsertion of regulation 804 For regulation 804 of the Building Regulations 2006 substitute— "804 Designated bushfire prone areas (1) For the purposes of these Regulations, a council, after consultation with the chief officer, may determine that areas within its municipal district are designated bushfire prone areas. (2) If a building is to be constructed in a designated bushfire prone area and⎯ (a) a planning permit is required for the construction of the building; and r. 10 -- 9 of 12 -- S.R. No. 15/2010 Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 9 (b) a site assessment for the purpose of determining bushfire risk to the building has been considered as part of the application for the planning permit⎯ the relevant building surveyor may accept that site assessment for the purpose of determining the construction requirements that are applicable to the building due to the building being in a designated bushfire prone area.". 12 Revocation of regulation 114 Regulation 114 of the Building Regulations 2006 is revoked. 13 Expiry These Regulations expire on 9 September 2011. ═══════════════ r. 12 -- 10 of 12 -- S.R. No. 15/2010 Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 10 ENDNOTES 1 Reg. 4: S.R. No. 68/2006. Reprint No. 1 incorporating amendments as at 1 September 2009. Reprinted to S.R. No. 105/2009 and subsequently amended by S.R. Nos 25/2009, 105/2009 and 139/2009. —— Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. In this table— BCA means the Building Code of Australia published by the Australian Building Codes Board— (a) as amended or remade from time to time; and (b) as amended by the Victoria Appendix to that Code published by that Board as that Appendix is amended or remade from time to time. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 4 which inserts regulation 114 into the Building Regulations 2006 Volume One of the BCA Volume Two of the BCA Table 1 in Specification A1.3 Part G5 Table 1.4.1 in clause 1.4.1 Clause F2.3.4, Performance Requirement P2.3.4 and clauses 3.7.4.0, 3.7.4.1, 3.7.4.2, 3.7.4.3 Endnotes -- 11 of 12 -- S.R. No. 15/2010 Building Amendment (Bushfire Construction - Short-term Requirements) Regulations 2010 11 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document AS 3959—2009 Construction of buildings in bushfire-prone areas, as published by Standards Australia on 10 March 2009, as amended on 16 November 2009 as incorporated by the BCA. The whole Regulation 6 which substitutes regulation 804 in the Building Regulations 2006 AS 3959—2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009, as amended on 16 November 2009. The whole Regulation 7 which inserts Schedule 1A into the Building Regulations 2006 Volume One of the BCA AS 3959—2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009, as amended on 16 November 2009 as incorporated by the BCA. Part G5 The whole Regulation 8 which substitutes regulation 114 of the Building Regulations 2006 Volume One of the BCA Volume Two of the BCA AS 3959—2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009, as amended on 16 November 2009 as incorporated by the BCA. Clause A1.1 Clause 1.1.1 The whole -- 12 of 12 --